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1937 (8) TMI 15 - HIGH COURT OF CALCUTTAExtract: ....... that where a case triable as a warrant case is tried as a summons case, the irregularity amounts to an illegality and vitiates the trial. The result is that this rule is made absolute, and the conviction of and sentence passed on the petitioner are set aside, and I direct that petitioner be re-tried by some other Magistrate in accordance with law.
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